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PANKAJ SEN   18 December 2016

Land mutation

I am Pankaj Sen (younger Son-in-law). My mother-in-law (Jaya Roy, 66 yrs, no source of income) is widow. Her younger daughter (Sulata Sen) help her to live (financially & mentally). She have now 2 daughters (Sujata Dutta - elder one, 44yrs and Sulata Sen - younger one, 37yrs) and they are married (lived with their Husbands). She also had a son (Sujit Kr Roy) and he died at 15 years of age (unmarried). A 1 bigha land was in his name (Sujit Kr Roy). Last September' 2016, I checked that land status online & found that land was in the name of (Sujit K Roy). My mother-in-law applied for mutation (for change the name from her son to herself name) to BL&LRO.in proper way. Last week on 7th December 2016 she went to BL&LRO for enquiry the status. From Office they informed her that it will take time (may be Feb-Mar 2017). So, she came back. But yesterday evening unfortunately I check the status of the mutation online and find that the land divided within 3 heads (Jaya Roy, Sujata Dutta & Sulata Sen). 1) How is it possible without intimation to my mother-in-law (Jaya Roy)? 2) Is it possible, that the unmarried son’s land will divided within his (Lt. Sujit Kr Roy) Mother & Sisters, without his Mother’s concern? Please help me to clarify that & now what will she (my mother-in-law) do? Thank You.


Learning

 6 Replies

Kumar Doab (FIN)     18 December 2016

It is simple case of inheritance.

Inheritance is decided in accordance with personal law that applies in case of deceased owner e.g; Hindu.

The authorities need  to be approached with death certificate,legal heir certificate.

The authorities do not need any consent from any applicant/legal heir to record inheritance in the name of legal heirs.

Kumar Doab (FIN)     18 December 2016

Is the deceased owner Hindu?

Confirm!

Kumar Doab (FIN)     18 December 2016

If HIndu; Go theru List of relations under ClassI, ClassII relations.

P. Venu (Advocate)     18 December 2016

The property, on the death of the unmarried son, has devolved upon the mother who alone is the Class I heir. The entries in the revenue records do not create or extinguish rights, title or interest. 

Kumar Doab (FIN)     18 December 2016

The procedure and forms/fromats/docs are explained at:

 

https://www.kmcgov.in/KMCPortal/jsp/KMCAssessmentMutation.jsp

https://www.kmcgov.in/KMCPortal/downloads/A-42_new_v2[1].1%203-Mar-09.pdf

jyotirmaya behera (advocate)     21 December 2016

There may manipulated the record. What is your query that can possible.  

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294


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